Why Might Your Self-Assessment Tax Return Be Investigated?

Even if you have not made any mistakes in your tax return and have nothing to hide, the prospect of an HMRC investigation can be worrying. So, what triggers an HMRC investigation, and what does HMRC do?

What is an HMRC Tax Investigation?

To ensure that you are paying the correct amount of tax, HMRC can investigate your financial records and tax affairs at any time. HMRC will contact you by letter or phone to explain what they intend to investigate. If your tax returns are prepared by an accountant, HMRC will contact them first (they must inform you immediately).

Besides Self-Assessment tax returns, HMRC also investigates corporation tax returns, employer PAYE records, VAT returns, and other tax matters. HMRC may conduct a full investigation (examining all financial and tax records) or focus on a specific aspect (such as a recent Self-Assessment return). While less common, HMRC also conducts random investigations, meaning any taxpayer or business could be subject to an audit, regardless of their records’ quality.

 

What Triggers an HMRC Investigation?

Your filed tax return is cross-checked with HMRC’s existing data on you or your business. Any significant discrepancies can raise concerns and trigger an investigation. HMRC’s advanced data analysis tools automatically detect unusual patterns.

For example, if your reported business expenses suddenly increase or your turnover drops significantly, reducing your tax liabilities, HMRC may want to investigate the reason. It is important to be careful when filling out your Self-Assessment tax return, as even innocent mistakes can lead to an investigation. Claiming ignorance is unlikely to prevent a penalty.

HMRC investigations are more common in industries where cash-in-hand transactions are frequent. If the income and expenses reported in your tax return do not match industry standards, HMRC may become suspicious. Repeated late filings of Self-Assessment returns can also trigger an investigation, as well as tips from third parties.

 

What Happens If HMRC Starts an Investigation?

HMRC may request a home visit, a meeting at your business premises (if applicable), or at your accountant’s office. Alternatively, you might be asked to visit your nearest tax office (you can bring an accountant or legal advisor).

HMRC can also request third-party information and search premises if necessary. The more serious the issue, the more thorough the investigation. Errors in tax returns may cause HMRC to review previous years’ data, which could lead to additional fines if other issues are found.

You should fully cooperate with HMRC’s investigation. Ignoring notices or refusing a visit will worsen the situation. Once the investigation is complete, HMRC will send you a summary of their findings, and you have the right to appeal if you disagree with the decision.

 

Consequences of an HMRC Investigation

When deciding on a penalty, HMRC considers:

  • The nature of the error,
  • Its impact on your tax obligations,
  • Whether your actions were intentional or unintentional,
  • Your level of cooperation.

The harshest penalties apply to deliberate concealment of income or fraudulent overstatement of expenses to reduce tax liability. Fines can be up to 100% of the unpaid tax, and you will still need to pay the correct tax amount.

If the mistake was honest and minor, the outcome may be more lenient, especially if you voluntarily report it to HMRC. Some investigations result in no additional tax owed, though business owners may still lose time and resources.

 

How to Reduce the Risk of an HMRC Investigation

Use reliable accounting and filing software to prevent errors.
 Take your time when filling out your Self-Assessment tax return—rushing increases the risk of mistakes.
 Ensure all data is accurate and provide all required information.
 Do not claim ineligible expenses—check tax-deductible expenses if you are self-employed.
 Never conceal taxable income or lie about your expenses.
 If your income or expenses significantly change, explain why in your tax return.
 Seek help from a professional accountant to review or prepare your Self-Assessment return to prevent errors.
 Keep receipts and invoices for all business purchases.
 File your Self-Assessment tax return on time—late filings increase the chance of an investigation.

What UK Budget Changes Might Affect You?

Minimum Wage Increase

From April 2025, the minimum wage for workers over 21 years old will rise to £12.21 per hour, while for those under 20, it will be £10 per hour.

However, the tax-free personal allowance (£12,570) will remain unchanged until 2028.

(This means that as wages increase, we will pay more tax.)

 

Buying Property

The Stamp Duty threshold for property purchases will decrease from £250,000 to £125,000, and the additional tax on second homes will increase from 3% to 5%.

(This means the amount of tax when buying a property will increase.)

 

Selling Property/Shares

Capital Gains Tax will increase from 10% to 18% (for higher-rate taxpayers, from 20% to 24%). This applies to gains from the sale of assets such as shares or second homes.

 

Abolition of Non-Domiciled Tax Status (Non-Dom)

From 6 April 2025, foreigners living in the UK but holding tax residency abroad will no longer be able to avoid paying UK tax on their overseas income and capital gains.

 

Pensions & Social Benefits

State pensions will increase by 4.1% next year. At the same time, the maximum earnings threshold for those receiving in-work benefits will increase to £195 per week.

 

Increase in Employer NI Contributions

From April 2025, businesses will be required to pay 15% National Insurance (NI) on salaries above £5,000(previously 13.8% on salaries above £9,100), increasing employer costs.

(This could lead to higher prices for goods and services.)

School Fines Increased from August 2024!

The new guidance “Working Together to Improve School Attendance” emphasizes the principle of “Support First” and recognizes that “barriers to accessing education are extensive and complex, both within and beyond school gates, and are often specific to individual pupils and families… [It is very] important that pupils gain the maximum benefit from their school experience, including their academic performance, well-being, and broader life opportunities.”

If you are concerned about your child’s attendance or punctuality, please contact your child’s personal tutor or year coordinator as soon as possible so that barriers to attendance can be understood and appropriate support can be provided to assist you, your family, and your child in preventing further absences.

Medical Evidence

In most cases, a parent’s notification that their child is too ill to attend school will be clear and can be accepted without question or concern. Only in cases where the academy has genuine and reasonable doubts about the authenticity of the illness will medical evidence be requested to confirm the absence. When attendance is a concern, evidence may also be requested to authorize an absence. Please cooperate with our staff when they request any evidence.

Formalization and Strengthening of Support

If voluntary support is ineffective and/or has not been engaged, we will work with partners, including local authorities, to formalize and strengthen support.

As part of the measures introduced, if a student accumulates 10 absence sessions within a 10-week period, the parent(s)/guardian(s) of the student may receive an “Improvement Notice”, sent via email or letter. Each day of absence is recorded as two sessions (morning and afternoon).

Unauthorized Absence Includes:

  • Unauthorized absence (where there are no reasonable circumstances for the absence, code O)
  • Lateness after registration closes (code U)
  • A combination of these or unauthorized holidays taken during term time (unauthorized holiday – code G)

These 10 weeks may span different terms and even different educational settings, such as transitions, school changes during the year, and alternative provisions. For example, if your child misses 3 school days due to a holiday in September (6 sessions) and is late after registration closes 4 times (4 sessions) between September and October, you may receive an “Improvement Notice.”

The “Improvement Notice” will outline expectations for improving attendance, such as “no further unauthorized absences.” If these expectations are not met during the improvement period, the school may request a Penalty Notice, issued by the Local Authority to each parent/guardian responsible for the child. Any absence related to holidays totaling 10 sessions within 10 weeks may result in a Penalty Notice. In such cases, no “Improvement Notice” will be issued beforehand.

Penalty Notice Amounts Increased in August 2024

A maximum of two Penalty Notices can be issued within a three-year period:

  • First Offense – Upon the first issuance of a Penalty Notice, the amount will be £80 per parent, per child, payable within 21 days. It increases to £160 per parent, per child, if paid after 21 days, up to 28 days. Any unpaid fine may be referred to the Magistrates’ Court.
  • Second Offense (within 3 years) – Upon the second issuance of a Penalty Notice, the amount will be £160 per parent, per child, payable within 28 days. Any unpaid fine may be referred to the Magistrates’ Court.
  • Third and Further Offenses (within 3 years) – Upon committing a third offense, no Penalty Notice will be issued, and the case may be referred directly to the Magistrates’ Court under Section 444 of the Education Act (1996) or other applicable legal measures. The Magistrates’ Court may impose fines of up to £2,500 per parent, per child.

Parents with parental responsibility and adults living with the child, including step-parents who have day-to-day care, may be fined. This applies to each absent child. For example, if two adults take two children out of school, the total fine would be £640 (reduced to £320 for the first offense paid within 21 days).

If a Penalty Notice is not paid within the deadline stated in the parent’s letter, the Local Authority may proceed with court action.

We acknowledge that these Penalty Notices may be unpopular among families, but it is essential to inform you of these changes promptly.

National School Leaders’ Role:

  • Headteachers do not have the authority to approve term-time holidays, except in truly exceptional circumstances, and must review each leave request individually before making a decision. The law explicitly requires headteachers to enforce these penalties strictly.
  • The new policy also states that all schools must consider issuing Penalty Notices if the criteria are met. This is a nationwide statutory process and will be followed by all state-funded schools in England.

The primary aim of these measures is to ensure that children do not miss out on their education.

Every lesson is a crucial part of your child’s learning journey, and frequent absences can significantly hinder their progress.

Thank you for your ongoing cooperation in supporting your child’s education.

Transition from BRP to eVisa – Until December 31!

Dear Ukrainians living in the UK with a BRP,
Your BRP card expires on December 31, 2024.
After this date, you will not be able to enter the UK without an electronic visa – eVisa.

The transition to eVisa has already begun, and we are ready to assist you every step of the way!

On the official GOV.UK website, as well as in official emails that some of us have already received, it is recommended to take action now if you do not yet have an eVisa.

Important points to note:

  • eVisa is not an application for an extension of your permission to stay in the UK.
  • You should keep your BRP card even after it expires, as it may be needed when applying for an extension.
  • If you already have an eVisa, make sure to update your passport and contact details in your account if they change. Otherwise, you may face issues when crossing the border.

If you have any questions or need assistance with your eVisa application, feel free to contact us for a consultation.

Self-Assessment Tax Return (SATR) Deadline Reminder

Dear Clients,

Under current rules, the annual allowance for tax relief on pensions this tax year is £40,000.

There is also a three year carry forward option for any unused reliefs in those past years, while the lifetime limit for tax relief on total pension contributions is currently £1,073,100 which is due to remain in force until at least April 2026.

You can potentially obtain tax relief on private pension contributions worth up to 100% of your annual earnings subject to the overriding limits quoted above.

Remember, tax relief is paid on pension contributions at the highest rate of Income Tax paid which means that: –

A basic rate taxpayer can save 20% tax

A higher rate taxpayer can save 40% tax

An additional rate taxpayer can save 45% tax

If you are an employee making pension contributions, the first 20% of tax relief is usually automatically applied by your employer with no further action required by you unless you are a higher rate or additional rate taxpayer in which case you can claim back the additional tax relief owed via your Self-Assessment Tax Return.

Self-Assessment Tax Return (SATR) Deadline Reminder

Anyone who is required to submit a SATR for tax year 2021-22 and has not yet done so, please note the deadline of the 31st January is getting closer. Please remember that payment of any tax due should also be made by this date which will include the balance of any payment due for tax year 2021-22 plus the first payment on account due for the current tax year 2022-23.

If you are filing online for the first time you should ensure that you register to use HMRC’s Self-Assessment online service as quickly as possible as it may take up to 10 working days for your activation code to arrive by post and with further potential strike action a possibility, there is no time to lose.

If you miss the filing deadline, you will usually be charged a £100 fixed penalty which applies even if there is no tax to pay or if the tax due is paid on time. Subsequent failure to have submitted a return and paid the tax due by the 1st May 2023 will result in additional penalties of £10 per day up to a maximum of £900, although additional penalties may also be charged if the return and payment due remain outstanding after this.

Last year, of the 12.5 million taxpayers required to complete a Self-Assessment return, more than 2.3 million missed the deadline!

Whether your business structure is a sole trader, partnership or limited company, today’s tax rules have never been more complex and you may find that delegating this potentially stressful and time-consuming task to a professional accountant will prove invaluable and actually save you both time and money, while allowing you to focus all your creative energy on what you do best, generating profits.

Happy New Year!

The majority of employees should receive the NI cut directly via their November payroll!

What is the National Insurance increase reversal?

On 6 April 2022, National Insurance Contributions (NICs) increased by 1.25%. The NICs increase was due to be replaced by the Health and Social Care Levy in April 2023.
The Chancellor of the Exchequer confirmed in September 2022 that the increase will be reversed from 6 November 2022. Additionally, the new Health and Social Care Levy will no longer be introduced in April 2023.
From 6 November 2022 the main and additional rates of Class 1 employee NICs will be reduced by 1.25 percentage points to 12% and 2%. Class 1 employer NICs will also be reduced by 1.25 percentage points to 13.8%.

How will your employees receive the cut?

Depending on your payroll processes, the majority of employees should receive the NI cut directly via their November payroll. Some employees may not benefit immediately from the in-year reduction in NICs rates if you’re unable to update payroll software before 6 November 2022. These employees should receive the benefit retrospectively once updates to the payroll have been applied.
The Government’s policy paper makes clear that the reversal to the National Insurance increase will only apply prospectively from 6 November 2022. However, in case the new reduced rates are not applied to employees’ pay from 6 November 2022 for any reason, UK Government guidance states that, “although individuals should contact their employer for refunds as a first port of call in all circumstances, there may be circumstances where individuals may need to apply to HMRC for a refund. For example, if their employer is no longer trading, or if an individual has moved roles and their previous employer has confirmed they are unable to issue a refund retrospectively themselves”.

Does this change the Employment Allowance?

No. The Employment Allowance, an FSB-designed measure to remove the first £5,000 off every small employer’s NICs bill, will be retained at the same level. This means that small businesses can employ four staff on the living wage without paying any employer NICs.

Will there be a bank holiday for the King’s coronation?

It has been confirmed by Buckingham Palace that the coronation of King Charles III will be on Saturday 6 May 2023. The coronation ceremony will take place at Westminster Abbey in London, where the King will be crowned alongside the Queen Consort.
So the date has been set, but will there be a bank holiday to mark the occasion? As the coronation is taking place on a Saturday, a bank holiday won’t be called for that day (when a moveable bank holiday falls on a weekend, a substitute day is observed). There have been calls from some MPs for the early May bank holiday (currently to take place on Monday 1 May 2023) to be moved to Monday 8 May 2023 to create a long weekend or for an extra bank holiday to be announced, but there is no confirmation of an extra or moved bank holiday right now.
There are usually eight bank holidays in England and Wales each year (nine in Scotland). There is no statutory right for employees to take time off on bank holidays, this will depend on the terms of their contracts. Bank holidays can be included in the statutory minimum 5.6 weeks’ annual leave entitlement under the Working Time Regulations (pro rata for part-time workers). The Supreme Court confirmed in Harpur Trust v Brazel that the 5.6 weeks’ statutory minimum annual leave entitlement also applies to part-year workers including term-time only, zero-hours and casual workers, and should not be pro-rated for these workers.
If an additional bank holiday is granted, usually there will be no statutory right to time off so employers will need to review their contracts of employment to determine whether their staff are entitled to time off. For example, contracts that say employees have a right to 20 days’ annual leave plus time off on eight public/bank holidays where the bank holidays are listed and there is no extra flexibility in the wording, will not have an automatic right to time off. If there is no contractual right to time off, employers can choose to give their employees an additional day of paid leave or staff can make an annual leave request in the usual way.
The coronation will be a once in a lifetime event for many, being the first coronation to take place in 70 years, so employers should be prepared for an increase in requests for annual leave in the lead-up to the day itself. Although it takes place on a Saturday, employees who work weekdays only may still want to take annual leave to travel to London in advance of the ceremony.
While the traditional Monday to Friday jobs will not be affected by the coronation being on a Saturday, businesses that run on a Saturday should consider if they need staff to work and make preparations. Some may decide to close to give staff the opportunity to watch the ceremony/travel to London or because they don’t think they will be busy. Choosing to close means that staff who would have worked on that day will be entitled to full pay for the day off, unless the employer can agree that staff take annual leave (employees might stand their ground and not agree to put a request in). Alternatively, employers can enforce annual leave provided they give the right notice (twice the amount of notice as the annual leave they want the employee to take, ie two days’ notice would be required to enforce one day of annual leave).
Other employers may be extra busy and designate the coronation day as a day when no one can take annual leave. Employers could consider arranging for staff who are required to work to watch the ceremony or part of it while at work by giving longer breaks and the additional time being made up later or allowing breaks to be moved. Some businesses may be happy to work on a skeleton staff and increase annual leave caps for the day to give more staff the opportunity to take annual leave.
While the bank holiday position for the coronation has yet to be confirmed, employers should start to consider how the coronation may affect their businesses now that the date has been set and communicate their plans with their staff. It may seem a long time until the coronation but some employees will already have started thinking about when they want to take annual leave next year, so employers need to be prepared to respond to any annual leave requests, taking into account any expected peaks in demand and staffing levels.

UNIVERSAL CREDIT AND PENSIONS KEY CHANGES

UNIVERSAL CREDIT AND PENSIONS KEY CHANGES after 17th of November 2022.
People claiming Universal Credit could see their payments rise by as much as £52 a month if expected plans are put in place next week.
Benefits, including Universal Credit, and pensions are expected to rise 10 per cent in line with inflation if Rishi Sunak bows to increasing pressure ahead of next week’s Autumn Statement. The previous prime minister, Liz Truss, said pensions would increase in line with inflation, but Rishi Sunak has not confirmed this. The Prime Minister has made it clear that the Government faces “difficult decisions” to fix the economic turmoil triggered by Liz Truss’s doomed spell in No10.